Equitable Distribution: Protecting What's Important To You

One of the most contentious aspects of any divorce is the division of marital property and assets. Whether you and your spouse are able to reach amicable agreements regarding the division of your estate or there's bad blood and you're digging in for a fight, it's imperative to understand that just because it's called equitable distribution, doesn't necessarily mean that everything will be divided equally.

Understanding The Factors That Play Into The Outcome Of Your Property Division Proceedings

As your lawyer, I'll help you determine what constitutes marital property. In short, it's not as simple as figuring out what was bought before the marriage and what was acquired during the marriage. For example, if you purchased property prior to your marriage and the value of the property increased, the increase in equity may be subject to distribution.

Of course, there are numerous exceptions, such as inheritances, but these issues often requires the assistance of a skilled and experienced divorce lawyer who understands the nuances of what constitutes a marital or nonmarital asset.

Some other factors that the courts may look at when determining the equitable division of your property include:

The value of the property

The length of the union

The standard of living during the marriage

Debts

Each spouse's age, health and employability

Instances where one spouse contributed to maintaining the family home or cared for the children in lieu of pursuing a career

Instances where one spouse contributed to the training or education of the other

The sources of income for each spouse

Child custody arrangements

Tax implications of dividing and selling property

Although you may feel that the actions of your spouse during the marriage entitle you to a greater portion of marital assets, the truth is that misconduct does not factor into the division of your marital property.

Whether we pursue mediation or take your case to court, I'll advocate for your interests and help you hold onto the property and assets that are most important to you.

Contact Me, Dan Hanifin

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